On Point

State v. Charles W. Mark, 2008 WI App 44; on appeal following remand in State v. Mark, 2006 WI 78, 292 Wis. 2d 1, 718 N.W.2d 90 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding1: ¶28      In Kastigar, the … Court stated that, once a defendant demonstrates that he or she has testified under a grant of […]

State v. Charles W. Mark, 2008 WI App 44; on appeal following remand in State v. Mark, 2006 WI 78, 292 Wis. 2d 1, 718 N.W.2d 90 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: Parolee’s statement made under grant of immunity (per State v. Evans, 77 Wis. 2d 225, 252 N.W.2d 664 (1977)), was compelled (therefore involuntary) […]

State v. Edward Townsend, 2008 WI App 20, PFR filed 2/13/08 For Townsend: Ellen Henak, SPD, Milwaukee Appellate Issue: Whether admissibility of evidence gathered in a foreign jurisdiction by Wisconsin officers is tested by the law of that jurisdiction or of Wisconsin. Holding: ¶1        … Townsend contends that the circuit court should have suppressed unrecorded statements he […]

State v. Keith A. Davis, 2008 WI 71, on Certification For Davis: Chris A. Gramstrup Issue/Holding: ¶20      Principles applicable to polygraph testing are equally applicable to voice stress analysis. See Wis. Stat. § 905.065(1); 7 Daniel D. Blinka, Wisconsin Evidence§ 5065.1 (2d ed. 2001) (concluding that there is little reason to treat the forms of honesty testing mentioned in § 905.065 differently, “at least […]

State v. Keith A. Davis, 2008 WI 71, on Certification For Davis: Chris A. Gramstrup Issue/Holding1: Admissibility of a statement made in connection with a voice stress analysis (or other form of “honesty test”) turns on whether the statement is “totally discrete” from the testing procedure as gauged by the following factors: ¶23      Under the totality of the […]

State v. Ellen T. Straehler, 2008 WI App 14 For Straehler: Daniel P. Fay Issue/Holding: ¶2 n. 4: We appreciate the attorney general’s thorough recitation of the facts and draw freely from it. Both the district attorney and the attorney general submitted response briefs and we refer to their position collectively as the State’s. Straehler’s […]

Bettendorf v. St. Croix County, 2008 WI App 97 Issue/Holding: An appellate “brief contain(ing) a collection of attacks against [opposing counsel] that are nothing more than unfounded, mean-spirited slurs” subjects its author to ethical sanction: ¶17      “A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers […]

State v. Todd E. Peterson, 2008 WI App 140 For Peterson: Ralph Sczygelski Issue/Holding: A defendant has a 6th amendment-based right to retained postconviction counsel of choice: ¶9        The State correctly counters that Miller and Gonzalez-Lopez involved the right to counsel of choice at trial. Here, Peterson was postconviction, at a Machner proceeding. …¶10      Martinez […]

State ex rel. Jarrad T. Panama v. Hepp, 2008 WI App 146 For Panama: Philip J. Brehm Issue/Holding: Panama’s collateral attack on a sentence previously affirmed by no-merit appeal may be canalized into a “Knight” habeas petition, at least where the challenge is based on a potential defect apparent in the record. The court continues […]

State v. Elizabeth A. White, 2008 WI App 96 For White: T Christopher Kelly Issue/Holding: ¶8        To prevail on a motion for reconsideration, a party must either present newly discovered evidence or establish a manifest error of law or fact. Koepsell’s Olde Popcorn Wagons, Inc. v. Koepsell’s Festival Popcorn Wagons, Ltd., 2004 WI App 129, ¶44, […]